Martinsburg Personal Injury Attorney
Suffering injuries due to someone else’s negligence can cause tremendous stress. From the physical pain to the seemingly endless medical appointments, taking care of yourself after an injury can be overwhelming. At Skinner Accident & Injury Lawyers, we understand what you’re going through because we’ve helped countless Martinsburg personal injury attorney victims get the justice and compensation they deserve.
Our Martinsburg personal injury attorneys proudly serve victims and their families in the Eastern Panhandle of West Virginia and the Shenandoah Valley.
Why Choose Our Martinsburg Personal Injury Attorney Law firm?
Our Martinsburg personal injury attorneys bring over 75 years of collective experience to every case we handle. At Skinner Accident & Injury Lawyers, we understand the nuances of being injured due to another person’s negligence. That’s why we are committed to helping injury victims recover their losses so that they can focus on recovery, healing, and, in some instances, grieving.
Our Attorneys Represent People
Our personal injury attorneys represent the needs of injured people, not those of insurance companies and big corporations. We understand how insurers and companies, along with their teams of lawyers, operate, and we use that knowledge to protect your interests. It is our mission to promote equality inside and outside the courtroom, and you can trust us to make your voice heard.
Our Attorneys Make Experienced Legal Representation Available
We operate under a contingency model, meaning you pay nothing unless we win your case. We provide free consultations to evaluate your claim and discuss your legal options without any financial obligation. Additionally, if your injuries make you unable to travel, we come to you—whether you’re at home, in the hospital, or at a rehabilitation facility.
Our Attorneys Get Results
Our track record speaks for itself, with over 100 million dollars won for clients who entrusted us with their cases. Our Martinsburg personal injury attorneys authentically care about our community and the people we serve. When you partner with us, you’re not just another client; we treat you like family and fight for your rights with the same dedication we would bring to our own loved ones’ cases.
Do I Have a Personal Injury Case?
To have a valid personal injury case in West Virginia, you must demonstrate that another party acted negligently or engaged in willful and wanton conduct that directly caused your injuries. Negligence occurs when someone fails to exercise reasonable care.
In contrast, willful and wanton conduct involves deliberate disregard for the safety of others. Our Martinsburg personal injury attorneys can evaluate the specific circumstances of your accident to determine whether you have grounds for a claim.
Auto Accidents
Motor vehicle accidents remain one of the leading causes of personal injuries in Martinsburg and throughout West Virginia. We handle cases involving all types of vehicles and accident scenarios. We represent clients in all sorts of auto accident cases, including:
- Car accidents
- Truck and tractor-trailer collisions
- Motorcycle crashes
- Distracted driver accidents
- Drunk driving accidents
- Hit and run accidents
- Bus accidents
- Rideshare vehicle accidents
- Commercial vehicle collisions
- ATV and recreational vehicle accidents.
Each type of vehicle accident presents unique challenges and requires specific knowledge of applicable regulations and insurance requirements. Our Martinsburg personal injury lawyers have extensive experience investigating these accidents and building strong cases that demonstrate liability and document the full extent of your damages.
Other Personal Injury Cases
Personal injuries can occur in countless situations beyond motor vehicle accidents. We represent clients who sustained injuries in various circumstances where negligence played a role. Other personal injury cases we handle include:
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Premises liability claims
- Dog bites and animal attacks
- Nursing home abuse and neglect
- Product liability
- Workplace accidents
- Catastrophic injuries (traumatic brain injuries, spinal cord injuries).
These cases often involve complex liability issues and require thorough investigation to identify all responsible parties. Our team has the resources and experience to handle even the most challenging personal injury claims, ensuring that we explore every avenue for compensation.
How Much Is My Personal Injury Claim Worth?
The value of your personal injury claim depends on numerous factors, including the severity of your injuries, the impact on your ability to work, and your long-term care needs. West Virginia law allows injury victims to seek compensation for their economic and intangible losses. Our personal injury attorneys carefully evaluate all aspects of your case to ensure we pursue maximum compensation for all your losses.
Pecuniary Damages
Pecuniary damages, also known as economic damages, compensate you for your financial losses. These damages are typically easier to calculate because they involve actual monetary losses that can be documented through bills, receipts, and other financial records. Types of pecuniary damages include:
- All injury-related medical expenses
- Lost wages and employment benefits
- Loss of earning capacity or future wages
- Vehicle and property damage
- Future medical costs
- Household services
- Home and vehicle modifications for disability accommodation
- Transportation to medical appointments.
We work with medical professionals and economic experts when necessary to project future costs and ensure your settlement or verdict accounts for long-term expenses. Your financial recovery should cover not just your current bills but also the ongoing costs of your injury throughout your lifetime. It’s not right to expect you to absorb these costs, and we fight to ensure that doesn’t happen.
Non-Pecuniary Damages
Non-pecuniary damages, or non-economic damages, compensate you for the intangible losses you experience due to your injuries. These damages are more subjective; however, they often represent the most profound effects of a serious injury. Depending on your circumstances, we may recover the following non-pecuniary damages:
- Physical pain and suffering
- Emotional distress
- Sleep disturbances and nightmares
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Loss of consortium (impact on marital relationship)
- Permanent disability or impairment
- Scarring or disfigurement
- Loss of household services
- Shortened life expectancy.
Our Martinsburg personal injury attorneys understand how to effectively present these damages to insurance companies, judges, and juries to ensure you receive fair compensation. We gather evidence from medical professionals, mental health providers, and your loved ones to paint a complete picture of how the injury has affected your life beyond the financial impact.
Punitive Damages
Under West Virginia Code § 55-7-29, punitive damages may be awarded in cases where the defendant’s conduct was malicious, fraudulent, or showed conscious disregard for the safety of others. Punitive damages are meant to punish the defendant and deter similar conduct in the future. While not available in every case, our award-winning trial attorneys thoroughly evaluate whether your circumstances warrant pursuing punitive damages to hold the responsible party fully accountable for their actions.
Wrongful Death/Fatal Injury Claims
Losing a loved one in an accident may warrant a wrongful death claim. Under West Virginia law, these claims can only be filed by the personal representative of the deceased’s estate. These representatives act on behalf of primary beneficiaries, including spouses, children, and parents. Benefits available in wrongful death claims include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost wages and future income that the deceased would have provided
- Loss of companionship and consortium
- Loss of household services and parental guidance
- Pain and suffering the deceased experienced before death
- Pain and suffering of surviving family members
- Punitive damages in cases of egregious misconduct.
We handle all legal complexities while treating your family with the respect and compassion you deserve during this challenging time. Our personal injury lawyers work diligently to ensure that all eligible family members receive fair compensation and that your loved one’s legacy is honored through the pursuit of justice.
Where Do Injury Accidents Often Occur in the Martinsburg Area?
Personal injury accidents can happen anywhere in Martinsburg and the surrounding Berkeley County area. Still, certain locations see a higher frequency of incidents due to heavy traffic, poor maintenance, or hazardous conditions.
We’ve represented clients injured at numerous locations throughout the Eastern Panhandle and have extensive knowledge of the local areas where accidents commonly occur. Common accident locations in and around Martinsburg are the following:
- Interstate 81 and its on/off ramps
- Route 9 and Charles Town Road
- Queen Street and King Street downtown corridors
- Foxcroft Avenue shopping areas
- Martinsburg Mall and surrounding parking lots
- Spring Mills and Hedgesville intersections
- Berkeley County industrial sites and warehouses
- Local schools and university campuses
- Residential neighborhoods and apartment complexes
- Parks and recreational facilities.
Our familiarity with these local areas and their specific hazards allows us to investigate accidents more effectively and identify patterns of negligence. Whether your accident occurred on a busy highway, in a local business, or in a residential area, we have the local knowledge and resources to build a strong case for compensation.
The Personal Injury Litigation Process in Martinsburg, WV
The trial attorneys at Skinner Accident & Injury Lawyers guide you through each step of the legal process, explaining what to expect and keeping you informed about developments. Our approach combines aggressive advocacy with strategic planning to achieve the best possible outcome for your case.
Filing a Complaint
The litigation process begins when we file a complaint with the appropriate court, formally initiating your lawsuit against the responsible parties. Your complaint will:
- Outline the facts of your case
- Identify the defendants
- Specify the damages you’re seeking.
We ensure all procedural requirements are met and that your complaint presents a compelling narrative of how the defendant’s negligence caused your injuries. Our thorough approach strengthens your case from the outset, positioning you for the best possible outcome.
Discovery
During discovery, both sides exchange information and evidence relevant to the case through written questions, document requests, and depositions. We use discovery strategically to uncover evidence that strengthens your case while protecting you from invasive or inappropriate requests from the defense. Our thorough approach to discovery often reveals additional evidence of negligence and helps us build a comprehensive picture of your damages.
Settlement Negotiations
We settle most personal injury cases through settlement negotiations but are fully prepared to litigate your case when necessary. We leverage the evidence gathered during discovery to present a compelling argument for maximum compensation. Our reputation for taking cases to trial when necessary gives us additional leverage in negotiations, as insurance companies know we won’t accept inadequate offers.
Going to Trial
Our attorneys bring extensive courtroom experience and skillfully present complex medical and technical evidence in a way that juries can understand. We prepare every personal injury case for trial by collaborating with expert witnesses, crafting impactful visual aids, and building persuasive arguments that clearly establish the defendant’s liability and the full extent of your damages.
Appeals
If either party disagrees with the trial court’s decision, they may file an appeal to a higher court. Appeals focus on legal errors rather than factual disputes, requiring different skills and strategies than trial work. Our personal injury attorneys have appellate experience and can either defend a favorable verdict or challenge an adverse decision, ensuring your rights are protected throughout the entire legal process.
West Virginia’s Statute of Limitations for Personal Injury Claims
The West Virginia Code § 55-2-12 dictates that you generally have two years from the date of your injury to file a personal injury lawsuit. Missing this deadline typically means losing your right to seek compensation, regardless of how strong your case might be. However, certain exceptions may extend or shorten this deadline, such as:
- Late Discovery: If the injury wasn’t immediately discoverable, the statute of limitations may begin when you reasonably should have discovered the injury.
- Minors: In cases involving minors, the statute of limitations may be pushed back until the child reaches the age of majority.
- Municipalities: Government claims require even faster action, with notice requirements that may be as short as 30 days.
Because determining the applicable deadline can be complex, we recommend consulting with our award-winning personal injury attorney team as soon as possible after your injury to ensure your claim is filed within the appropriate timeframe.
Contact our Experienced Martinsburg Personal Injury Attorney Law Firm
Don’t let insurance companies pressure you to accept quick settlements that don’t reflect your true losses. If you sustained injuries due to someone else’s negligence, Skinner Accident & Injury Lawyers is ready to help. For a free consultation with a trusted Martinsburg personal injury attorney team contact our law firm online or call (304) 777-7777.